United States Court of Appeals for the Ninth Circuit
Calendar for William K. Nakamura Courthouse, Seattle Washington

December 4-8, 2017

Note: Calendar entries may change up until the hearing date. Please remember to check the docket report for updates. Case synopses are prepared by court staff for the convenience of the reader.


2017-12-04  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: LEAVY, and CHRISTEN, Circuit Judges, and KOBAYASHI (Hawaii), District Judge
Case No. Title Nature Origin Time / Side
16-35447No. Plains Resource Council v. U.S. Bureau of Land Management - Northern Plains Resource Council, Inc. appeals the district court's judgment in its action challenging a decision by the U.S. Bureau of Land Management and U.S. Department of the Interior to lease coal located in Montana's Bull Mountains. [1:14-cv-00060-SPW] Civil MT 15 min


2017-12-04  10:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: HAWKINS, and CHRISTEN, Circuit Judges, and KOBAYASHI (Hawaii), District Judge
Case No. Title Nature Origin Time / Side
14-36040JH Kelly LLC v. Tianwei New Energy Hldg. Co. - An appeal from the dismissal of an action under RICO and Idaho state law arising from a contract for the construction of a polysilicon manufacturing facility. [4:13-cv-00368-BLW] Civil ID 10 min
15-35964
15-35980
Judith Cox v. WA Dept. Social & Health Svcs. - Judith Cox, individually and as Personal Representative of the estate of C. J. P., and estate of B. T. P., appeals from the district court's summary judgment in her 42 U.S.C. § 1983 action against Washington state social workers. [3:14-cv-05923-RBL]
Civil W. WA 15 min
16-71194NLRB v. Remington Ldg. & Hosp. - The National Labor Relations Board petitions for enforcement of its order issued against Remington Lodging and Hospitality, LLC dba The Sheraton Anchorage concerning unfair labor practices. [19-CA-032735] Agency Subm.
15-71924
15-72563
15-73259
Unite Here! Local 878, AFL-CIO v. NLRB - Unite Here! Local 878, AFL-CIO, and Remington Lodging & Hospitality, LLC petition for review, and the National Labor Relations Boards petitions for enforcement, of an NLRB order. [19-CA-032148]

Agency Subm.


2017-12-04  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: TALLMAN, and WATFORD, Circuit Judges, and BOULWAREII (Nevada), District Judge
Case No. Title Nature Origin Time / Side
13-35311Juan Vega, Jr. v. USA - Former federal prisoner appeals from a judgment on the pleadings in favor of United States and others in an action alleging he was removed from a community corrections programs on the basis of a false incident report. [2:11-cv-00632-RSM] Civil W. WA 10 min
16-30224USA v. Paul Swallow - Appeal from sentence for assault resulting in serious bodily injury. [2:16-cr-00074-WFN-1] Criminal E. WA 10 min
16-35837Matthew Ruth v. Patrick Glebe - Washington state prisoner appeals the denial of habeas corpus petition challenging conviction for two counts of first-degree assault. [2:15-cv-00533-TSZ] Habeas W. WA Subm.
15-35524Eat Right Foods Ltd. v. Whole Foods Mkt. Servs., Inc. - An appeal from the district court's summary judgment in a trademark infringement case. [2:13-cv-02174-RSM] Civil W. WA 15 min
15-35671Marilyn Watkins v. Infosys - Marilyn Watkins, who is Caucasian, appeals the district court's summary judgment in favor of Infosys in Watkins' diversity action, alleging employment discrimination based on race and national origin. [2:14-cv-00247-JCC] Civil W. WA Subm.
16-35380
16-35382
Alaska Oil and Gas Ass'n v. Wilbur Ross - The U.S. Secretary of Commerce and other federal officials and agencies appeal, and intervenor Center for Biological Diversity, appeal the district court's summary judgments in favor of Alaska Oil and Gas Association and others. [4:14-cv-00029-RRB]
Civil AK 30 min


2017-12-05  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: HAWKINS, McKEOWN, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
15-73751Alvaro Galvez-Cruz v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of protection under the Convention Against Torture. Immigration BIA Subm.
16-30273USA v. Kurtis Wortley - Appeal from sentence for being a felon in possession of a firearm. [1:16-cr-00048-SPW-1] Criminal MT Subm.
16-30277USA v. Trent Smith - Appeal from sentence for drug offenses. [6:16-cr-00002-SEH-1] Criminal MT Subm.
16-35689Stephanie Daniel v. National Park Service - Stephanie Daniel appeals the district court's Fed. R. Civ. P. 12(b)(1) dismissal of her putative class action against the National Park Service under the Fair and Accurate Credit Transaction Act. [1:16-cv-00018-SPW] Civil MT 10 min
16-35933Steven Bassett v. ABM Parking Services - Steven Bassett appeals the district court's Fed. R. Civ. P. 12(b)(6) dismissal for lack of standing of his diversity putative class action against ABM Parking Services, Inc., alleging violations of the Fair and Accurate Credit Transactions Act. [2:16-cv-00947-TSZ] Civil W. WA Subm.
15-35675
16-35220
Cervantes Orchards & Vineyards v. Deere & Company - Appeals from the dismissal of a RICO case and the imposition of Rule 11 sanctions. [1:14-cv-03125-RMP]
Civil E. WA Subm.


2017-12-05  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: O'SCANNLAIN, TALLMAN, and WATFORD, Circuit Judges
Case No. Title Nature Origin Time / Side
16-30135USA v. Jason Youker - Appeal from conviction for drug and firearm offenses. [2:14-cr-00152-SMJ-1] Criminal E. WA Subm.
16-30181USA v. Justin Werle - Appeal from sentence for Possession of a Firearm and Ammunition and Possession of an Unregistered Firearm. [2:14-cr-00041-JLQ-1] Criminal E. WA Subm.
16-30200USA v. Hever Guzman-Guerrero - Appeal from conviction for possession with intent to distribute cocaine. [2:15-cr-00096-RMP-1] Criminal E. WA 10 min
16-35583USA v. Samuel Gutierrez - A federal prisoner appeals the denial of his 28 U.S.C. § 2255 motion challenging his conviction and sentence for brandishing a firearm during a crime of violence. [1:16-cv-03112-LRS] Habeas E. WA Subm.
15-35324Michelle Echlin v. PeaceHealth - An appeal from the district court's summary judgment in an action under the Fair Debt Collection Practices Act. [3:14-cv-05211-BJR] Civil W. WA 15 min
15-35571
15-35658
Lacey Marketplace Assoc. II v. United Farmers of Alberta CoOp - United Farmers of Alberta Co-Operative Limited appeals and Lacey Marketplace Associates II LLC and Burlington Retail, LLC cross-appeal, the district court's judgment in a diversity action brought by landlords, arising out of commercial leases. [2:13-cv-00383-JLR]
Civil W. WA 20 min


2017-12-06  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: HAWKINS, McKEOWN, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
13-74358Harrison Kamau v. Jefferson Sessions - A citizen of Kenya petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA Subm.
16-35467William Jensen v. Mike Obenland - A Washington state prisoner appeals the denial of his habeas corpus petition challenging his convictions for solicitation to commit murder. [2:15-cv-01094-JCC] Habeas W. WA Subm.
16-35554Kenneth Wheaton v. Patrick Glebe - Washington state prisoner appeals the denial of his habeas corpus petition challenging his conviction for second-degree rape and felony harassment. [2:15-cv-00518-JCC] Habeas W. WA Subm.
15-35613Lori Cook v. Harrison Medical Center - An appeal from the district court's judgment after a jury trial on a claim of retaliation in violation of the False Claims Act. [3:13-cv-05986-BHS] Civil W. WA 15 min
15-35643
15-35652
Peter Dresel v. Pension Plan of Pac. NW Labs - An appeal and cross-appeal from the district court's summary judgment in an ERISA action concerning retirement benefits. [2:14-cv-01665-MJP]
Civil W. WA 15 min
15-35911John Stiegler v. Johnny Saldat - John Stiegler and Dwight Homes, who are time-share holders of Whistler Vacation Club at Twin Peaks and at Lake Placid, respectively, appeal the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their diversity putative class action. [2:14-cv-01309-TSZ] Civil W. WA 15 min


2017-12-06  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: O'SCANNLAIN, TALLMAN, and WATFORD, Circuit Judges
Case No. Title Nature Origin Time / Side
16-30246USA v. Forest Shields - Appeal from conviction for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. [2:16-cr-00012-JLQ-1] Criminal E. WA Subm.
16-30288USA v. James Westerman - Appeal from conviction for failure to register as a sex offender. [6:15-cr-00014-CCL-1] Criminal MT Subm.
16-35487James Postlethwaite v. USA - Appeal from denial of motion pursuant to 28 U.S.C. § 2255 challenging conviction for conspiracy to distribute marijuana. [2:15-cv-01673-JCC] Habeas W. WA 10 min
15-35837Pacific Boring, Inc. v. Staheli Trenchless Consultants - Pacific Boring, Inc. appeals the district court's judgment, following a partial dismissal and partial summary judgment, in favor of Staheli Trenchless Consultants, Inc. and Limberlie Staheli Louch, Ph.D. in Pacific's diversity action. [2:14-cv-00187-RSM] Civil W. WA 15 min
16-35229Kevin Loader v. Nancy Berryhill - Kevin Loader appeals the district court's decision affirming the Commissioner of Social Security's denial of Loader's application for disability insurance benefits and supplemental security income under the Social Security Act. [6:15-cv-00038-JTJ] Social Security MT 15 min
16-35245
16-35256
Energy Investments v. Greehey & Co. - Greehey & Company, Ltd appeals, and Energy Investments, Inc. ("EII") and Pine Petroleum, Inc. cross appeal the district court's judgment, following a partial summary judgment, in EEI and Pine's diversity action. [4:14-cv-00013-JTJ]
Civil MT Subm.


2017-12-06  2:00 pm  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: HAWKINS, GOULD, and PAEZ, Circuit Judges
Case No. Title Nature Origin Time / Side
17-17168State of Hawaii v. Donald Trump - Appeal by the United States government of the district court's order enjoining the President's Proclamation, "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists . . . ." [1:17-cv-00050-DKW-KSC] Civil HI 30 min


2017-12-07  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: HAWKINS, McKEOWN, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
15-73819Philip Duggan v. CIR - Taxpayer appeal of Tax Court's dismissal of an untimely petition for redetermination of a federal tax lien and proposed levy to collect unpaid income tax liabilities. [4100-15 L] Tax Court E. WA Subm.
16-30226USA v. Son Tran - Appeal from conviction for conspiracy to distribute controlled substances, possession of controlled substances with intent to distribute, and distribution of controlled substance. [2:15-cr-00120-JCC-1] Criminal W. WA 10 min
16-35006BOFI Federal Bank v. Advance Funding LLC - BOFI Federal Bank appeals the district court's dismissal of BOFI's claims for tortious interference with contract and unjust enrichment in its diversity action brought against Advance Funding LLC. [2:14-cv-00484-BJR] Civil W. WA Subm.
16-35301Lawrence Thompson v. Pete Copeland - Lawrence Thompson appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging that a deputy in the King County Sheriff 's Department violated his rights when he conducted a warrantless search of Thompson's car. [2:14-cv-01769-MJP] Pr Non-HC W. WA 10 min
15-35750Galina Medvedeva v. City of Kirkland - Galina Medvedeva appeals from a summary judgment and jury verdict in her 42 U.S.C. § 1983 action against the City of Kirkland and three of its police officers alleging unlawful entry and excessive force in violation of the Fourth Amendment. [2:14-cv-00007-RSL] Civil W. WA 15 min
15-35788Pamela Mansfield v. Dawn Pfaff - Pamela Mansfield appeals the district court's summary judgment in favor of Dawn Pfaff and other federal employees and the United States in Mansfield's action alleging employment-related claims [2:14-cv-00948-JLR] Civil W. WA 15 min
15-35818United Transportation Union v. BNSF Railway Co. - An appeal from the district court's judgment after trial in an action challenging arbitration decisions pursuant to the Railway Labor Act. [3:10-cv-05808-RBL] Civil W. WA 15 min


2017-12-07  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: O'SCANNLAIN, TALLMAN, and WATFORD, Circuit Judges
Case No. Title Nature Origin Time / Side
13-70740Gloria Amaya Ramos v. Jefferson Sessions - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' decision denying her motion to reopen. Immigration BIA 10 min
13-72632Carlos Quintero-Cisneros v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying his application for cancellation of removal. Immigration BIA 10 min
15-35686Neil Hornsby v. Alcoa, Inc. - Neil and Maricor Hornsby appeal the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their diversity action brought against Alcoa, Inc., alleging that during his work at Alcoa, Neil was exposed to alumina that damaged his heart and his health. [2:14-cv-00394-SAB] Civil E. WA Subm.
15-35856
16-35160
Alex Jones v. St. Paul Fire & Marine Ins. - Plaintiffs appeal the district court's summary judgment in favor of St. Paul Fire and Marine Insurance Company in diversity insurance coverage actions, after St. Paul denied coverage in underlying ineffective assistance of counsel lawsuits. [2:15-cv-00531-MJP]
Civil W. WA Subm.
16-35278Teresa Phelps v. City of Parma - An appeal from the district court's summary judgment in an action under the Fair Labor Standards Act. [1:14-cv-00085-EJL-REB] Civil ID 15 min
16-35280Sauerbier Ranches v. Catlin Specialty Ins. Co. - Sauerbier Ranches, Inc. and individuals appeal the district court's judgment in favor of Catlin Specialty Insurance Company in plaintiffs' diversity insurance coverage action. [6:13-cv-00071-SEH] Civil MT Subm.


2017-12-08  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: HAWKINS, McKEOWN, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
16-30264USA v. Michael Dunshie - Appeal from denial of motion for reduction of sentence. [4:10-cr-00014-RRB-1] Criminal AK Subm.
16-35137Roland Speight v. Bernard Warner - Appeal from order granting habeas corpus relief to Washington state prisoner convicted of second-degree rape. [2:15-cv-00605-JLR] Habeas W. WA Subm.
16-70547Raul Barajas Verduzco v. Jefferson Sessions - A citizen of Mexico petitions for review of an immigration judge's negative reasonable fear determination in reinstatement removal proceedings. Immigration BIA Subm.
16-30149USA v. Guy Mannino - Appeal from conviction for three counts of solicitation for murder. [4:14-cr-00026-RRB-1] Criminal AK Subm.
16-30128 USA v. Phuong Nguyen - Three defendants appeal from convictions for drug offenses. [2:15-cr-00120-JCC-15] Criminal W. WA Subm.
16-30223 USA v. Tuan Vu      
16-30311 USA v. Niem Doan      


2017-12-08  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: TALLMAN, and WATFORD, Circuit Judges, and BENITEZ (California Southern), District Judge
Case No. Title Nature Origin Time / Side
15-35825Alan Manchester v. Ceco Concrete Construction - Alan Manchester appeals the district court's summary judgment in favor of his former employer, CECO Concrete Construction, LLC, in Manchester's diversity action alleging claims for quantum meruit, unjust enrichment, and promissory estoppel. [2:13-cv-00832-RAJ] Civil W. WA Subm.
15-35848Kate Svaldi v. Nancy Berryhill - Kate Svaldi appeals pro se district court's decision affirming the Commissioner of Social Security's denial of her application for disability insurance benefits under Title II of the Social Security Act. [2:15-cv-00115-RAJ] Social Security W. WA Subm.
16-35090Chuck Seaman v. E.I. duPont de Nemours & Co. - An appeal from the dismissal for failure to prosecute of claims in the In re Hanford litigation concerning emissions from a plutonium production plant on the Hanford Nuclear Reservation. [2:91-cv-03015-WFN] Civil E. WA Subm.
15-35797Verdant Health Commission v. Hargan - Washington hospitals appeal the district court's summary judgment in favor of the Secretary of the Department of HHS in an action challenging the Secretary's decision to exclude certain low-income populations from Medicare reimbursement. [3:14-cv-05108-RBL] Civil W. WA 15 min
15-35859Corvus Energy Ltd. v. 1169997 Ontario, Ltd. - An appeal from the district court's summary judgment in an admiralty suit. [2:14-cv-01243-MJP] Civil W. WA 15 min
15-73548Richard Nelson v. USDOL - Richard Nelson petitions for review of a decision of the U.S. Department of Labor's Administrative Review Board, dismissing his complaint for retaliation filed pursuant to the whistleblower provision of the Energy Reorganization Act. [13-075] Agency Subm.


Location Address


U.S. Court of Appeals for the Ninth Circuit
William K. Nakamura U.S. Courthouse
1010 Fifth Avenue
Seattle WA 98104


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